Why write a statement?
The work book is a strictly recording document, therefore certain norms and rules have been developed in relation to it, including those regarding maintenance and storage.
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After an employee is hired, he submits his work record book to the company’s human resources department. Here all the necessary information is entered into it and here it is part of the employee’s personal file and is stored until his dismissal. Responsibility for its contents and safety usually lies with a specialist in the personnel department, who has no right to either make any “extra” entries into it or hand it over to anyone, even the owner. If the latter needs to provide information from it to any authority, the personnel officer must make a copy or extract from the work book. But the trigger for starting this process is a written statement from the employee.
Copy of the work book: basic information about the document and its status
When applying for a job, an employee submits his work record book to the employer as part of the mandatory package of documents provided upon employment. From this moment on, responsibility for the storage and safety of the document rests with the employer.
Expert opinion
Semenov Alexander Vladimirovich
Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.
The original Labor Code is kept in the organization, and until the moment of dismissal it is handed over to the employee only in one case - for the purpose of his compulsory insurance (Part 1 of Art.
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62 of the Labor Code of the Russian Federation), and if there are circumstances requiring confirmation of the information specified in the work book, the employee is given a certified copy or extract.
There are two types of copies of TC, each of which has its own status, these are:
a copy of the work book, written out on an official form - a duplicate, is issued in replacement of the lost (lost, damaged) work book and has the status of the main document confirming the employee’s length of service;
photocopied copy of the work book - created by copying a document using a copier and certified by an official or employer with a round seal. It is a one-time document, which is issued to be provided to the recipient who requested the document.
A photocopy of the work book must contain all the information reflected in the original document, in the same sequence and chronology, including not only records of length of service, but also information about awards and incentives.
When preparing a photocopy, the HR employee or the employer directly must certify the document:
on each photocopied page a note is made: “Copy is correct,” and the artist’s signature is affixed;
on the last page of the copy, an entry is made: “The copy is correct, on ... pages,” after which the document is certified by the executor’s signature and seal, and the date of its issue is indicated.
A copy of the Labor Code (duplicate), issued to replace the lost one, can be issued without restoring the chronology of the experience (where the company issuing the duplicate Labor Code will be recorded in position No. 1, and information about the previous experience will be summarized, with a footnote “according to the full name (owner) "If the owner presents documents confirming the presence of previous work experience, information about him can be entered in a duplicate, with a footnote to the presented document (certificate of work experience, extract from the order).
The entry made is certified by the seal of the organization that made the entry in the copy of the Labor Code. The original document on the basis of which the entry is made is pasted on the last page (cover) of the TC.
When issuing a duplicate, the official who issued the document puts the inscription “Duplicate” on the title page and certifies it with his signature. An entry is made on the inside cover: “The duplicate was issued on the basis of ....”. The entry is dated, signed and sealed.
The basis for issuing a duplicate are certificates from structures confirming the loss (issued by the city department of the Ministry of Internal Affairs after the fact of registration of the theft or statement of loss of the TC), loss (certificate from the Ministry of Emergency Situations about fire, flooding, etc.).
Where may you need a copy of your work record?
You may need a copy of your work record anywhere. In most cases, these are government agencies, for example, various administrative and social services (for assigning benefits, allowances, subsidies), as well as banking institutions (for obtaining loans and credits).
In fact, the list of addresses at which it may be necessary to present a copy of the work book is quite wide, but cases are not excluded when the work book is lost (lost) for some reason, and then this copy can also serve as an excellent service - on its basis you can make a duplicate, sequentially restoring all the necessary records.
A copy of the employment record may also be required when applying for a second job (i.e. part-time).
Drawing up an application
There is no unified, uniform sample application for issuing a copy of the work book, so the employee can write it in free form or in a form developed at the enterprise. Applications must include a number of required information:
- information about the company where the person works,
- position and full name of the employee in whose name it is written,
- request for a copy,
- date,
- compiler's signature.
If desired, you can indicate the reason why a copy was required, as well as the authority to which the document is required to be presented, but if there is no such desire, then, by law, the employee is not obliged to write this.
Application Form
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
The document can be written on a standard blank A4 sheet, either by hand or on a computer. The main condition: the presence of the applicant’s original signature.
This is important to know: sample statement about the absence of a work book
The application must be completed in two copies ,
- one of which the applicant must register either with the personnel department or with the secretary of the organization and keep with him,
- give the second to the employer's representative.
Does the employer have the right to refuse to issue a copy?
If an employee requires any information from the work record, issued in the form of an extract or copy, the employer does not have the right to refuse this request.
According to the law, a work book is the property of the employee, which is kept by the employer for the period of validity of the employment contract. If you do not issue an extract or a copy, this will become a violation of the employee’s rights, upon which he has the right to complain to the labor inspectorate, which, in turn, will issue an order to eliminate the violation and subject the employer to administrative punishment.
A duplicate of the lost work book is issued at the last place of work
Question from Klerk.Ru reader Elena (Moscow)
Lost work book. What to do? Many companies no longer exist. How to correctly restore or issue a new work book.
If you want to restore a lost work book (all previous work experience), you need to issue a duplicate work book at your last place of work. From clause 31 of the Rules, approved. By Decree of the Government of the Russian Federation No. 225 of April 16, 2003, it follows that an employee who has lost his work book is obliged to immediately (in writing) notify the employer at his last place of work. The employer issues a duplicate work book to the employee no later than 15 days from the date of submission of the application.
In addition to the employee’s application, the basis for issuing a duplicate is documents that confirm periods of employment (work experience) with this employer, as well as with previous employers. Periods of employment with a given employer are confirmed by an employment contract and orders. Periods of work with previous employers are confirmed, in particular, by the following documents:
